The imposition of additional tariffs on China by the United States in relation to the fentanyl problem may appear at first sight to be a measure to protect public health and safety. However, from the perspective of international trade law, they lack valid arguments for exemption under the World Trade Organization (WTO) legal framework.
The additional US tariffs ignore basic WTO commitments such as the treatment of the "most-favored-nation" (MFN) and the list of concessions. The United States can invoke Section 301 of the US Trade Act of 1974 or Section 232 of the Trade Expansion Act to justify its unilateral actions, but domestic law does not guarantee an exemption from WTO commitments.
In order to successfully invoke the exceptions under the General Agreement on Tariffs and Trade (GATT 1994), specifically Articles XX (General Exception) and XXI (Security Exception), the US must demonstrate that its tariff measures are necessary and do not constitute arbitrary or unjustifiable discrimination in international trade. Consistent with past WTO rulings and interpretation of the rules, it is highly unlikely that the US will be able to justify its measures under either the security exception or the general exception.
If the U.S. continues to take these measures, affected members can initiate consultations within the WTO, request a panel to rule on the matter, or, in parallel, initiate trade retaliation under the WTO's Dispute Settlement Understanding (DSU) rules and procedures. Given the current global economic situation, the U.S.'s abusive unilateral tariff measures will further undermine the stability and predictability of the multilateral trading system.
Crucially, however, linking public health problems to customs pressure does not play a positive role in controlling drug flows or in transnational law enforcement cooperation. On the contrary, it only escalates political confrontation and hinders effective governance based on consultation and cooperation. The right solution is comprehensive measures with acceptable accountability, including drug demand reduction, cross-border law enforcement cooperation and strengthening multilateral cooperation to find a constructive roadmap for global drug governance.
As a responsible major country, China adopts the strictest controls on drug production, trafficking and abuse. This is a steady progress in Sino-US drug cooperation, which is the right way to solve the fentanyl problem. Unilateral US action only undermines the authority and stability of the multilateral trading system and contradicts the calls for a joint response to global challenges in a globalised world. Most importantly, however, unilateral tariff measures do not in any way address the root of the fentanyl problem in the US. Major countries should behave in a manner appropriate to their status and avoid actions that benefit no one.
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